HATE SPEECH AND CONSTITUTIONAL SAFEGUARDS TO FREEDOM OF EXPRESSION IN NIGERIA: A REVIEW

Abstract

The right to freedom of expression is one of the most essential fundamental rights in any given society founded on the rule of law. Most times it is the yardstick adopted to measure the compliance of a nation with its human rights obligations. However, the enjoyment of the right to freedom of expression is not absolute. There exists in most human rights regimes derogation clauses and justified restrictions to this right. The Constitution of Nigeria in Section 39(3) and Section 45 provides for some of these derogations. There are also Sedition and Defamation laws, Perjury and Contempt of Court etc. which also serve as restrictions to this right. Another major restriction to the right to freedom of expression is hate speech laws. Since a hate speech is any utterance, gesture, action, or conduct aimed at disparaging or demeaning a person based on their individual or group identities like race, ethnicity, religion, etc which is capable of leading to incitement to violence. The laws of most nations of the world made adequate provisions to restrict hate speech. In Nigeria, hate speech has existed for a very long time but has gained prominence as a societal menace recently with the emergence of the administration of President Muhammed Buhari which administration is making frantic efforts to halt the trend. Among these efforts is the emergence of the National Cohesion and Integration Bill 2018, popularly called the Hate Speech Bill in Nigeria. It is a bill aimed at curtailing the rising tide of hate speech in various parts of Nigeria. The Bill also seeks to establish an ‘Independent National Commission for Hate Speeches’ which shall enforce hate speech laws across the country; ensure the elimination of the menace and advice the Federal Government. It is the objective of this work to expose the concept of hate speech in Nigeria and examine the provisions of Nigerian law on hate speech and make recommendations towards adequate implementation of hate speech laws without encroaching on the right to freedom of expression. Findings reveal that there is already in existence in Nigeria legislations that criminalized certain forms of abusive speech and hate speech. For instance, hate speech is criminalized in the Cyber Crime (Prohibition, Prevention ETC) Act 2011 and the Electoral Act 2010. Despite the existence of these laws, there is not in existence in Nigeria any comprehensive legislation on hate speech. Also, prosecutions for hate speech in Nigeria are almost non-existent and the existing laws lack adequate implementation. Further, most hate speeches in Nigeria are targeted towards the political leadership in response to adverse governmental policies, and there are hate speeches that is tribal in nature; to disparage a particular tribe. This work recommends among other things that the existing hate speech laws in Nigeria be implemented while efforts should be made to pass a legislation directly targeted at hate speech. Secondly, the right to freedom of expression of the citizens should not be unjustifiably curtailed on the guise of enforcement of hate speech laws.